S.B. No. 1937 amends the Code of Criminal Procedure to establish new requirements for the testing of biological evidence in capital cases where the death penalty is sought. The bill mandates that the state must require either the Department of Public Safety or an accredited laboratory to perform nuclear DNA testing on any biological evidence collected during the investigation. The laboratory conducting the testing is responsible for covering the costs associated with this testing. Additionally, the bill introduces a process for the state, a subject matter expert from the laboratory, and the defendant to meet and confer to determine which biological materials qualify for testing. If there is disagreement on what constitutes biological evidence, a court hearing can be requested to resolve the issue.

Furthermore, the bill stipulates that if any biological evidence is lost or destroyed during the nuclear DNA testing, the laboratory must provide the defendant with any related bench notes and results from the testing. The provisions of this act will apply to capital cases with indictments filed on or after its effective date of September 1, 2025, while cases with prior indictments will continue to be governed by the existing law.